Priyadharshini v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1457 of 2020 Priyadharshini ... Petitioner vs The State Represented by its 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai - 09.
2.The Additional Director General of Prison CMDA Towers, Egmore, Chennai - 08.
3.The Deputy Inspector General of Prison, Kovai Zone, Central Prison, Salem.
4.The Superintendent, Central Prison, Salem.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents to grant leave for 30 days without escort to the detenu Selvam, S/o. Lenin Baikyaswamy, aged about 58 years, Convict No. 6923, detained at Central Prison, Salem.
For Petitioner : Mr.S.Lakshmi For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to grant leave for 30 days without escort to the detenu Selvam, S/o. Lenin Baikyaswamy, aged about 58 years, Convict No. 6923, detained at Central Prison, Salem, this petition has been filed by the daughter of the convict.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.Learned counsel appearing for the petitioner submitted that the mother of the petitioner, who is the wife of the convict is suffering from renal failure. On the earlier occasion, the convict complied with the conditions and returned to the prison. He has been under incarceration for nearly fourteen years. Thus, the petition will have to be allowed. 4.Learned Additional Public Prosecutor, on instructions, submitted that the Probation Officer's report indicates that the ailments made in the affidavit are true.
5. Considering the above, particularly the reasons assigned are not disputed, we are inclined to grant 10 days leave to the convict without escort. The convict shall be released on 12.10.2020 at 10.00 a.m. and he shall return back to the prison on 21.10.2020 at 5.00 p.m. During the leave period, the convict shall report before the Karungalpalayam Police Station daily at 5.00 p.m.
6. The habeas corpus petition stands disposed of accordingly.
Post the matter 'for reporting compliance' on 28.10.2020. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm
To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai - 09.
2.The Additional Director General of Prison CMDA Towers, Egmore, Chennai - 08.
3.The Deputy Inspector General of Prison, Kovai Zone, Central Prison, Salem.
4.The Superintendent, Central Prison, Salem.
5.The Public Prosecutor, High Court, Madras.
6.The Inspector of Police Karungalpalayam Police Station Salem copy to The Section Officer Criminal Section (Posting) High Court, Chennai H.C.P. No. 1457 of 2020 pp(co) aa12/10/2020